JOHN MENADUE. The scourge of lobbyists is likely to continue if there is a change of government.A Repost from June 22 2018

Lobbyists are back in the news but it looks as if the scourge of lobbyists will continue in Canberra if Bill Shorten wins the next election. There is no sign that the ALP, like the Coalition is prepared to curb the way lobbyists are corrupting public policy in Australia.. The media reports that lobby firms are taking on ‘labor staffers’ so that they can influence a future Labor Government.

The Australian Financial Review of June 4, 2018, said that “Months out from the next federal election, big business and government relations firms are adding former Labor staffers to their ranks. … Among recent moves from parliament house to the private sector are Hannah Frank, a former adviser to Labor frontbencher Anthony Albanese, who is now manager of public policy and government relations at Google Australia. … Richard Brooks, a former staffer to South Australian Labor MP Nick Champion, joined Canberra’s Capital Hill Advisory in April.’

This AFR story also included comments by Hawker-Britton managing director Simon Banks who is close to the Labor Party, telling us that it was not unusual for staff movements from Labor to lobbying firms before elections.

Michael Photios who is closely aligned to the Liberal Party said that his lobbying firm had sought to broaden its personnel for more than a year, including employing former Rudd government media adviser, Kathryn Conroy. Photios said that ‘a year out from an election was often the last chance for key staff to change roles’.

I am reposting below an edited version of “The scourge of lobbyists” posted in this blog on 12 May 2018.

Lobbying has grown dramatically in recent years, particularly in Canberra. It now represents a growing and serious corruption of good governance and the development of sound public policy. In referring to the so called ‘public debate’ on climate change, Professor Ross Garnaut highlighted the ‘diabolical problem’ that vested interests brought to bear on public discussion on climate change.

Martin Parkinson, the Secretary of the Department of the Prime Minister and Cabinet, has warned about ‘vested interests’ who seek concessions from government at the expense of ordinary citizens. Some time ago the former ACCC Chairman, Graeme Samuel, cautioned us that ‘A new conga line of rent seekers is lining up to take the place of those that have fallen out of favour’. In referring to opposition to company tax and carbon pollution reform policies, Ross Gittins in the SMH said ‘industry lobby groups [have] become less inhibited in pressing private interests at the expense of the wider public interest. [They] are ferociously resistant to reform proposals.’

These problems are widespread and growing.

There are 252 lobbying entities registered in Canberra with the Department of Prime Minister and Cabinet. These entities employ a significant number of lobbyists, e.g. Barton Deakin employs 9 lobbyists, Newgate Communications 19, Crosby Textor 7 and GRACosway 19. Some accounting firms, including three of the majors who undertake lobbying, are not obliged to register. Charitable, religious and non-government organisations do not have to register. On top of these ‘third party’ lobbyists, there are the special interests who conduct their own lobbying, such as the Minerals Council of Australia, the Australian Pharmacy Guild and the notorious Business Council of Australia. These lobbyists encompass a range of interests including mining, clubs, hospitals, private health insurance funds, business and hotels that have all successfully challenged government policy and the public interest in many ways. Just think what the Minerals Council of Australia did to subvert public discussion on the Mining Super Profits Tax and the activities of Clubs Australia to thwart gambling reform, or the polluters over an Emissions Trading Scheme and the Carbon Tax. Only recently we saw the socially damaging role of the Beverage Council of Australia in undermining expert opinion on ways to address the growing epidemic of obesity. It is a repeat of Big Tobacco.

I estimate there are over 1000 lobbyists, part time and full time, and of all shapes and sizes operating in Canberra. Secret lobbying is pervasive and insidious. It must be curbed and made transparent.

With journalism under-resourced, the media depends increasingly on the propaganda and promotion put into the public arena by these vested interests. Many of the so-called economic and business economists we read, hear and see on our media are in the employment of the banks and accounting firms with their own self-interested agendas. It was no surprise that they gave us no inkling of the malaise and corruption of the banks. Only a Royal Commission exposed what was really happening

The health ‘debate’ is really between the Minister and the Australian Medical Association, the Australian Pharmacy Guild, Medicines Australia and the Private Health Insurance companies. The debate is not with the public about health policy and strategy; it is about how the Minister and the department manage the vested interests. The lobbying interests in health win time and time again. As I have often said, health ministers may be in office but the health providers and their lobbyists are in power. They effectively have the Department of Health and Aging in their pocket

The wealthy private schools with their lobbying and political clout are obstacles to needs-based funding, which is necessary for both equity and efficiency reasons.

Much of the policy skills in Canberra departments have been downgraded and ‘policy’ work is contracted out to accounting and consultancy firms with poor policy skills and no corporate memory. This handing out of work is done in the name of downsizing government but it gives a major advantage to those the accounting and business associates are close to, the large and powerful corporations who are hostile to government.

Policy work within the government is now undertaken more in specialist organisations such as the Productivity Commission rather than in the departments. Departmental policy capability has been seriously eroded. That makes it harder for the public service to safeguard the public interest against lobbyists with their incessant demands for favourable treatment.

Inexperienced and young ministerial staffers are much more likely to listen to vested interests. On Four Corners we were reminded of a staffer in the health portfolio coming from a lobbying firm and working against health ratings that would assist consumer choice

What can be done to assert the public interest against these powerful vested interests?

Federal lobbyists have to be registered with the Department of Prime Minister and Cabinet, but this is inadequate. They should also be obliged to promptly, publicly and accurately disclose the discussions and meetings they have had with ministers, shadow ministers and senior public servants. That same rule should apply to vested interests like the Minerals Council of Australia that lobbies directly on its own behalf. A clear lesson to be learnt from the subversion of the public interest by the AMC is that giving in to rent seekers doesn’t appease them. It just makes them and others much bolder. The government is seen as a craven ‘patsy’.

All lobbyists should be banned from Parliament Houses across Australia. Let them lobby MP’s elsewhere.

All proposals by special interest groups should be accompanied by a public interest impact statement prepared by an independent and professional body. That statement should be made public. This public impact statement would be attached to representations from the vested interest group. Many of the major private consulting firms and the four large accounting firms should be excluded from this process as many of them have shown themselves to be compromised in the interests of their clients.

Tax benefits for ‘think tanks’ like the Institute of Public Affairs and the Sydney Institute, which are secretly funded and act as fronts for vested interests, should be denied.

Departments such as Health which are so influenced by special interests should have different governance arrangements. The traditional minister/department model in Health is a happy hunting ground for lobbyists and vested interests that significantly undermine and sabotage urgent health reforms across the health field. The Reserve Bank, composed of independent and professional persons, has shown the benefit of such governance arrangements in keeping vested interests at bay and promoting an informed public debate. We need such an arrangement in the health field particularly.

No minister or senior official should work with a vested interest group that they have been associated with for at least five years after retirement or resignation.

Adequate funding of the Australian Broadcasting Commission to assert the public interest and promote public debate is now more important than ever. The ABC, despite its obvious shortcomings, is still the most trusted media institution in the country. News Corp is the least trusted.

Major reform of election funding to stop powerful groups buying political favours is essential.

A federal Independent Commission against Corruption and in each State is required to examine allegations of corruption.

Citizen Assemblies of randomly selected people who are fully informed on key public issues could assert the public interest and help governments counter powerful vested interests.

The problem of vested interests and their corruption of public debate must be addressed. It is urgent if we are to have democratic renewal, restore some faith in our public institutions and develop sound public policies.

The lobbying scourge and the undermining of good and open government must be urgently addressed. A great deal is at risk.

6 Responses to JOHN MENADUE. The scourge of lobbyists is likely to continue if there is a change of government.A Repost from June 22 2018

Democracy is a poor weapon against self interest. If the “work” of lobbyists was better understood by voters they would ban them from Canberra for starters. It is a charade to conduct elections while ever voters remain ignorant of how diluted their voices actually are.

John, this is an important issue, and it is closely linked to donations, of course. However as donations are transactions they are easier to regulate (or ban altogether as I argue for). Lobbying are not transactions but conversations, and a lot harder to regulate even if that is indeed desirable. We all may wish to influence our elected representatives in one way or another, and that is not in itself wrong, and also an exercise of our right to free speech.
The real issue is transparency. So how about making it incumbent on all elected representatives to make their conversations with lobbyists (which must be defined very broadly) a matter of public record and thus audit-able. And on that note, instead of banning them from parliament do the opposite: insist that is the only place for such conversations, assuming all visitors and phone calls to parliament have to be identified and recorded (and if that is not the case, it should be!)
It’s a tricky issue.

Good idea. The best way to discourage politicians from engaging with lobbyists in conspiracies against the public, is to make public all their conversations with them. One of the advantages of parliamentary government over that by Kings and courtiers, is that more open government tends to be less of a conspiracy against the public.

thanks john. you highlight an important but neglected source of ‘political corruption’ in our body politic, the ‘revolving door’ between public and private sectors. it is a scourge elsewhere both in america where it is even more pervasive and where it has proved stoutly resistant to regulation and reform. it is not confined to officials but increasingly offers a ‘career path’ for politicians….